1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The Defendant made June 9, 2017 against the Plaintiff.

On June 9, 2017, the Plaintiff sought revocation of the decision on collection of unjust enrichment of KRW 394,963,420 against the Plaintiff. On June 9, 2017, the first instance court rejected the Plaintiff’s claim against “the portion of the decision on collection of unjust enrichment of KRW 331,817,220, which exceeds KRW 63,146,20,00 (=394,963,420-63, 146,200),” and dismissed the remainder of the decision on collection of unjust enrichment of KRW 63,146,200 (hereinafter “decision on collection of this case”).

Therefore, since only the plaintiff appealed against the decision on collection of the issue of this case that was lost, the scope of the judgment of this court is limited to the above part of the plaintiff's appeal.

Details of the disposition

Article 39(1) of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (wholly amended by Presidential Decree No. 20875, Jun. 25, 2008; hereinafter “former Enforcement Decree of the Industrial Accident Compensation Insurance Act”) and Article 2-2 of the invalidity grade table in attached Table 4 (hereinafter “determination on invalidity grade” in this case), the Plaintiff applied for an injury-disease compensation annuity on April 17, 2008 among the medical care due to occupational accidents that occurred on September 8, 2005, and received payment of injury-disease compensation annuities, nursing fees, and transfer expenses (use of taxi) corresponding to the above invalidity grade from May 1, 2008 to February 28, 2017.

On May 17, 2017, the Defendant asserted that: (a) on May 17, 2017, the Plaintiff rendered a decision to revoke the instant invalidity grade decision (hereinafter referred to as “decision to revoke the instant invalidity grade”); (b) however, as seen thereafter, the Plaintiff asserted that “a decision to revoke the instant invalidity grade decision” was not “a decision to revoke the instant invalidity grade decision” pursuant to the evidence No. 2.

On the other hand, decision on collection of unjust enrichment is made.